Section 123900 Of Article 5. California Children’s Services From California Health And Safety Code >> Division 106. >> Part 2. >> Chapter 3. >> Article 5.
123900
. (a) Beginning September 1, 1991, in addition to any other
standards of eligibility pursuant to this article, each family with a
child otherwise eligible to receive services under this article
shall pay an annual enrollment fee as a requirement for eligibility
for services, except as specified in subdivision (f).
(b) The department shall determine the annual enrollment fee, that
shall be a sliding fee scale based upon family size and income, and
shall be adjusted by the department to reflect changes in the federal
poverty level.
(c) "Family size" shall include the child, his or her natural or
adoptive parents, siblings, and other family members who live
together and whose expenses are dependent upon the family income.
(d) "Family income" for purposes of this article, shall include
the total gross income, or their equivalents, of the child and his or
her natural or adoptive parents.
(e) Payment of the enrollment fee is a condition of program
participation. The enrollment fee is independent of any other
financial obligation to the program.
(f) The enrollment fee shall not be charged in any of the
following cases:
(1) The only services required are for diagnosis to determine
eligibility for services, or are for medically necessary therapy
pursuant to Section 123875.
(2) The child is otherwise eligible to receive services and is
eligible for full Medi-Cal benefits at the time of application or
reapplication.
(3) The family of the child otherwise eligible to receive services
under this article has a gross annual income of less than 200
percent of the federal poverty level.
(4) The family of a child otherwise eligible to receive services
under this article who is enrolled in the Healthy Families Program
(Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance Code).
(g) Failure to pay or to arrange for payment of the enrollment fee
within 60 days of the due date shall result in disenrollment and
ineligibility for coverage of treatment services 60 days after the
due date of the required payment.
(h) The county shall apply the enrollment fee scale established by
the department and shall collect the enrollment fee. The county may
arrange with the family for periodic payment during the year if a
lump-sum payment will be a hardship for the family. The agency
director of California Children's Services may, on a case-by-case
basis, waive or reduce the amount of a family's enrollment fee if, in
the director's judgment, payment of the fee will result in undue
hardship.
(i) By thirty days after the effective date of this section or
August 1, 1991, whichever is later, the department shall advance to
each county, as a one-time startup amount, five dollars and fifty
cents ($5.50) for each county child who was receiving services under
this article on June 30, 1990, and who was not a Medi-Cal
beneficiary. This one-time payment shall be in addition to the 4.1
percent of the gross total expenditures for diagnoses, treatment, and
therapy by counties allowed under subdivision (c) of Section 123955.
(j) Each county shall submit to the state, as part of its
quarterly claim for reimbursement, an accounting of all revenues due
and revenues collected as enrollment fees.